Primbetov S.Zh. 2nd
year Masters Student
Specialty Jurisprudence Social-Innovation University, Kazakhstan
Legal bases
of the types of contractual relations in Kazakh society
An agreement on the right to
Kazakh customs relations in the traditional Kazakh society centuries-old
practice of developing, is one of the established channels. Kazakh society
relations nomadic life of the contract were caused in accordance with the
requirements of the development of animal husbandry. Kazakh steppes of Russia
unknown to the people of the field until the passage under the same types of
contracts that had been started to adapt to the requirements of the cancer into
the life of the country.
Kazakh steppes contract can meet a
lot of information about the formation and development of the relations. One of
the most important of them, the king of Russian travelers the records collected in the field very
valuable. XIX centuries Kazakh steppe customary ritual worked on expeditions to
collect samples of many of the norms. Traditional Kazakh society and legal
institutions, including the contract, which grouped the issues related to the
relations. In most cases, these records have a right to Kazakh customs, norms
and institutions, its structure and system, used in Russia during that period
concepts adapted from the scope of the legislation, Russian Knights, tried to
look at on the basis of the same concepts. This is a contract to Kazakh customs
system can also view the system of relations between the institutions and
norms.
Kazakh customs
into contractual relations on the right to lend, storage, exchange, warranty,
property mortgage, pledge, gift, bequeathed etc. Conditions were developed. Of
course all of this understanding is reflected in the writings of the period
after the Russian concepts. These contracts are for the most part, Kazakh
society after centuries were used. The main influencing factor, as stated
above, is a consequence of the colonization of Russian.
Traditional
Kazakh society contractual relations, considering the development of norms and
institutions, the functioning of Kazakh society of wealthy people are employed,
that has been developed in the rental agreement. In other words, this condition
can also call it a contract of employment. Such an agreement requires compliance
with the following requirements: If the persons signing between themselves the
contract of employment, both the allocated family members, employment is
considered consisting as soon as between them the agreement took place. If one
of contracting parties - not allocated family member the family member,
permission at the head of the family has to be asked for the conclusion of the
contract on personal hiring. The father has the right to give to a service or
in workers of the son, full age not allocated from his consent, and the minor
even against will, and the contract signed thus is considered valid. However
can send the minor son of the father in workers or to a service only under that
condition if to the son to it 8 years [1, S. 408].
The
maximum term of the contract includes a one-year time period. In coordination
with the requirements of the agreement, both sides will be the introduction of
other issues. Under the agreement, the person hired, so to speak, the owners
are required to perform all the tasks. Often contract the employer has
exercised his children after their family members. This one particular aspect
of the contract, it does not dominate the rigid requirements of the agreement.
Often such agreements with one another uncle are the vision of care. Such
conditions shall be made orally.
Another
type of contract is subject to the loan agreement. Whole traditional Kazakh
society in violation of the loan agreement is one of the most underdeveloped
conditions. The development of this Treaty, the country's money on the part of
Russia to the rapid development of relations involved in a large tremor. Of
course, because of the location of Kazakh nine roads are in the thick of the
Great Silk Road, discussed trade relations. Trade, who is also known that there
would be the issue of a loan. Kazakhs to review its debt animal bites. Loan
terms: Any personal estate, including money can be a subject of a loan. The
creditor is forbidden to utter any gain. If at a monetary or property loan it
isn't specially stipulated, by what values it has to be extinguished, are
subject to return uniform with received values and corresponding to them on the
qualities [2, 409-410 p.].
Loan
agreement, of course, the traditional Kazakh society is not clearly defined
term, but is written in Russian amount will be made within one year of the loan
contract. In most cases, debt, to be implemented after the fall of Kazakh
society livestock census. In some cases, a substance required for the return of
a loan, or a particular type of animal, age, may be agreed behind closed doors.
Conditions in the Kazakh company developing and collateral agent, using at
least some. In other words, all movable property subject to the pledge. Of
course, the traditional Kazakh society, the implementation of this agreement
and its features were recognized. This condition is the notion of the substance
of the contract of guarantee at presents that the adoption and implementation
of a completely different character. Pledge item features the following requirements:
If the holder before agreed term sells the law or in other way to mortgaged
property that he loses the right to a debt and, besides, has to pay to the
mortgager property cost by an assessment and if at sale it was obtained more,
all realized sum [3, 410-411p.].
In
agreement with the traditional Kazakh society relations terms used in another
type, storage or storage is a prerequisite. This is called a conditional
agreement giving the traditional Kazakh society. English said: Amanat, do not
do hostage abuse, he said. Terms of the agreement are as follows: Any
personal estate, including money and acts can be subject of the contract about
storage and load. The contract of storage and load is the contract gratuitous.
However if the keeper or the inspector incurred the expenses caused by need of
saving of the property entrusted to them, have the right for compensation from
the owner, at a rate of the incurred expenses. A certain restriction of term
for the contract on storage it isn't set, the term of the contract on load is
defined by the condition concluded between the inspector [4, 411 p.].
As more
such contracts leave the country, people who were temporarily moved to the
other side of the property which it owns the rest of the country, relatives were
left to pass on to keep the apple of the eye. Later imperative, leaving the
people, for some reason returned. After Amanat Institute under the Russian
international has become one of the institutions that are legal. Amanat is a
type of guarantee: The guarantee is allowed in all contracts. Acceptance or
not adoption of the guarantee of the famous person depends on discretion of the
parties. Remuneration for the guarantee isn't meant if it isn't especially
stipulated at the conclusion of the transaction [5, 412 p.].
Kazakh society
in the development of relations in exchange for a contract agreement is: The
contract of exchange is made by the actual transfer by contracting parties of
the exchanged personal estate at the assessment made by them. Cancellation of
the transaction of exchange is allowed only in case one of the parties hid the
essential shortcomings of the exchanged property which were at the time of
transaction. Term for cancellation of such transaction is definitely not
established [6, 413-414 p.].
Had
exchanged the traditional Kazakh society is mostly household items. At the same
time, many in the Kazakh stock exchange were carried out. This field was
necessary to conduct business.
Purchase
and sale agreement Kazakh society of the ancient center century Turkic, Karahan
widely used in the country. Later, under this condition Russia later began to
rise rapidly. Russia built fortifications Kazakh fairs organized every year in
the major cities. Then there was a lot of fairs purchase and sale. Purchase and
sale agreement with the following requirements are satisfied: The purchase -
the selling transaction is considered taken place since that moment as the
parties hit each other on hands. The seller is obliged or to specify to the
buyer known as to the owner, shortcomings of the sold property or has to warn
the buyer about need carefully to examine purchase, with the instruction that
he declines all responsibility in case of detection of shortcomings in sold,
after transaction [7, 415-416 p.].
Of course,
such claims are often impossible to say that it remained in Kazakh society. One
of the conditions for a wide range of traditional Kazakh society developed, the
gift is a prerequisite. Can provide a variety of gift items. They decided to
gift the following things, that the house was inherited from his ancestors. Not
the child did not receive the gift of inheritance. In some cases, that torkindep
girl and a gift. He wrote: The father
is obliged to make the married daughter who came to him on custom, during the
first 5 is put matrimonies, for commission of a ceremony terkun demek, - a
gift in a size smaller established by the previous article, or not received a
gift at all, has the right to demand that or a difference [8, 417-418 p.].
Traditional
relations contract with the Kazakh society is one of the species analysis of
the problem is an important issue. We describe the main contract to Kazakh
customs system types are often used in traditional Kazakh society in a special
way. In addition, they are often under Russia in the last period of the
contract is over. Traditional Kazakh society that lived in the contract caused
by the Kazakh society. Therefore, we informed contractual relations, it is
necessary to pay close attention to this aspect when the classification of
species. We have the right to Kazakh customs contracts used in traditional
Kazakh society, society and Russia signed contracts, which under the current
pay contracts based on European legislation.
As for
the results of the various terms used in traditional Kazakh society will be
informed on the grounds. Classification of the conditions on the right to
Kazakh customs agreement with the company's development, it is necessary to
recall its stages.
References
1. Materials on the
Kazakh common law: Popular scientific edition / Ed.: T.M. Kulteleev, M. G.
Masevich, G. B. Shakayev. Almaty: Zhalyn, 1998. 464 pages.
2. the same source
3. the same source
4. the same source
5. the same source
6. the same source
7. the same source
8. the same source